Latest News
Doherty & Others v Birmingham City Council [2008] UKHL 57
The House of Lords gave judgment in the latest of its attempts to resolve the application of Article 8 European Convention on Human Rights to possession actions on 30th July 2008. The decision leaves many questions unanswered and may be ripe for further challenge in view of the developing jurisprudence of the Strasbourg Court.
As the law stands after Doherty, public authorities are offered a tempting statutory defence to such challenges under s6(2) of the Human Rights Act 1998 but whether this is actually available may have to be determined on a “case by case basis”. Occupiers of land, and their advisers, should therefore continue to rely upon Article 8. Where Convention rights cannot be relied upon Doherty significantly expands the scope of the “judicial review” style defence first suggested in Kay & Others v Lambeth LBC [2006] 2 AC 465 and the way is apparently open for such defences to be put forward as a defence to a possession action. Most surprisingly of all, the House of Lords has unanimously endorsed the proposition that a defendant may challenge not only the decision, but the factual basis of it, by way of such a “judicial review” defence. Whether the ability to challenge the factual basis of a public authority’s decision is of wider application remains to be seen.
Full article on this case will be published shortly.
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- Simon Phillips and Paul Greaney appointed Queens Counsel (26th February 2010)
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- Tart-athon held at Park Court Chambers - £615 raised for charity (24th November 2009)
- Paul Greaney named as junior crime barrister of the year at the Chambers Bar Awards 2009. Click here to see him accept his award from Robert Smith QC (Head of Chambers) and Jo Pickersgill (Senior Clerk)(16th November 2009)
- Park Court Chambers takes the prize in the McCormicks Halloween Quiz (2nd November 2009)
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- Paul Greaney named as Criminal Law Junior of the Year at Chambers Bar Awards 2009 (2nd October 2009)
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Events
Family Seminars
2nd February 2010: Hague Convention and Hostile Mothers; Private Law Update
16th March 2010: Interface between Asylum and Immigration Issues and Care Proceedings; Update
15th June 2010: Correlation between Criminal and Care Work; Public Law Update
For further details click on the attached flyer
Employment Seminars
11th February 2010: Agency Workers and the European Directive: is the day of the temp over?
11th May 2010: Discrimination: where are we now?
8th June 2010: TUPE - Pitfalls, Perils and Practice of Transferring an Undertaking (Designed for beginners or those wishing to refresh their TUPE knowledge).
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Criminal Seminar:
Impact of Serious Crime Act 2007 and Recent Developments in Criminal Law
Thursday, 11th March 2010
Speakers: to be confirmed
For further information please contact Karen Wade by email: karen@parkcourtchambers.co.uk
Should you wish to book a place on any of the above seminars please contact Karen Wade, Chambers Administrator by email at karen@parkcourtchambers.co.uk or tel 0113 203 5506.
